Preview
FILED: NEW YORK COUNTY CLERK 11/14/2023 04:31 PM INDEX NO. 150773/2023
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 11/14/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
_____________________________________________________________________Ç
ANTHONY Index No. 150773/2023
CATALANO,
Plaintiff,
RESPONSE TO
-against- PRELIMINARY
CONFERENCE
CITY OF NEW YORK, NEW YORK CITY ORDER
DEPARTMENT OF HEALTH AND MENTAL
HYGIENE, and SKANSKA USA BUILDINGS, INC.,
Defendants.
_____________________________________________________________________Ç
PLEASE TAKE NOTICE that defendants, CITY OF NEW YORK, NEW YORK CITY
DEPARTMENT OF HEALTH AND MENTAL HYGIENE, and SKANSKA USA BUILDINGS,
INC., by their attorneys, FABIANI, COHEN & HALL, LLP, hereby sets forth the following as
and for its Response to Preliminary Conference Order dated October 17, 2023, as follows, upon
information and belief:
GENERAL OBJECTIONS
1. The defendants object to the requests to the extent that they seek information that
is subject to confidentiality agreement(s).
2. The defendants object to the requests as unduly burdensome to the extent that they
seek documents already in the possession, custody or control of the plaintiff.
3. The defendants object to the requests to the extent that they are phrased in absolute
terms. If the request asks for all document on a particular subject, the Defendants in responding
to such requests, will undertake only to produce documents known to them at the time of the
response or located after a reasonably diligent search appropriate to the needs of the case, and will
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not undertake any obligation, express or implied, to represent that the response includes all the
documents that may exist.
4. The defendants object to each request to the extent that it is overly broad as to time
or content, vague, ambiguous, unduly burdensome or oppressive and seeks information as not
relevant to the subject matter of this action or is not reasonably calculated to lead to the discovery
of admissible evidence.
5. The defendants object to each request to the extent that the information and /or
documents sought are the subject to attorney/client privilege, any joint defense privilege, constitute
work product, were prepared in anticipation of litigation or for trial, may disclose or reflect the
mental impressions, conclusions, opinions, memoranda, notes, legal research or legal theories of
attorneys or which otherwise privileged.
6. The defendants object to each request to the extent that it requests documents
defendants'
outside of the third-party possession, custody or control.
7. The defendants object to each request to the extent that it contains, express or
implied assumptions of fact or law with respect to matters at issue in this case.
8. The defendants object to each request to the extent it seeks disclosure relating solely
to legal conclusions.
9. The defendants object to each request to the extent that it seeks disclosure of
documents concerning trade secrets, confidential business and other proprietary documents or
infonnation. Such documents are not relevant to the subject matter of this action and are not
reasonably calculated to lead to the discovery of admissible evidence.
10. These general objections are incorporated into each of the specific responses as if
fully set forth in each response. The fact that the defendants have responded to a particular request
shall not be interpreted to imply either that the responsive documents exist or that the third-party
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defendant acknowledges the appropriateness of the request, including any implied assumptions
therein. Nor shall the production of any document by third-party defendant in response to the
request be construed as an admission of the relevance or admissibility of such document or of the
propriety, if any, of the particular request, including any implied assumptions therein.
defendants'
11. The responses are based upon information currently available. The
defendants reserve the right to supplement, amend or correct all or any part of the objections and
responses provided herein and to use subsequently discovered documents and documents which
are known but whose relevance and responsiveness have not yet been determined.
12. The defendants reserve the right to object to the admissibility in evidence of all or
any part of the responses and all or any of the documents produced by Defendants.
13. Subject to and without waiving of the foregoing objections, the defendants shall
produce responsive and relevant document at a mutually convenient time and place.
SPECIFIC RESPONSES
1. Witnesses: Sean Mescall, address unknown.
2. Adverse Party Statements: The answering defendants are unaware of any adverse
party statements except those statements contained in the 50-h hearing transcript dated January 20,
2023, accident reports and/or statements contained within any of plaintiff's medical and/or
treatment records.
"A"
3. Accident Reports: Collectively attached as Exhibit are copies of (a)
Skanska First Notice of Incident; (b) Sub-Contractor Safety Injury Report; (c) American Pile and
Foundation First Report of Incident; (d) C-2F Employer's First Report of Work-Related
Injury/Illness.
4. Photographs: See Photographs included in Sub-Contractor Safety Injury Report,
attached as Exhibit "A".
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5. Expert Witnesses: The defendants have not yet retained any expert witnesses
but will disclose same in accordance with the CPLR, prior to the time of trial.
"B"
6. Contracts: Attached as Exhibit is a copy of the NYCEDC-Skanska Contract
No. 6991002 for the New York City Economic Development Corporation Public Health Lab
Project dated January 2, 2019.
7. Insurance Coverage: Insurance coverage shall be provided under separate cover.
PLEASE TAKE FURTHER NOTICE, that the Defendants expressly reserve their right
to supplement or amend this response up to and including the time of trial.
Dated: New York, New York
November 14, 2023
Yours, etc.
FABIANI COHEN & HALL, LLP
Benjamin A. Shatzky
Attorneys for Defendants
CITY OF NEW YORK, NEW YORK CITY
DEPARTMENT OF HEALTH AND MENTAL
HYGIENE, and SKANSKA USA BUILDINGS,
INC.
570 Lexington Avenue, 4th Floor
New York, New York 10022
(212) 644-4420
TO: LAW OFFICES OF
MICHAEL S. LAMONSOFF, PLLC.
Attorneys for Plaintiff
ANTHONY CATALANO
32 Old - 8th Floor
Slip
New York, New York 10005
(212) 962-1020
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Preview
FILED: NEW YORK COUNTY CLERK 11/14/2023 04:31 PM INDEX NO. 150773/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 11/14/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK _____________________________________________________________________Ç ANTHONY Index No. 150773/2023 CATALANO, Plaintiff, RESPONSE TO -against- PRELIMINARY CONFERENCE CITY OF NEW YORK, NEW YORK CITY ORDER DEPARTMENT OF HEALTH AND MENTAL HYGIENE, and SKANSKA USA BUILDINGS, INC., Defendants. _____________________________________________________________________Ç PLEASE TAKE NOTICE that defendants, CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE, and SKANSKA USA BUILDINGS, INC., by their attorneys, FABIANI, COHEN & HALL, LLP, hereby sets forth the following as and for its Response to Preliminary Conference Order dated October 17, 2023, as follows, upon information and belief: GENERAL OBJECTIONS 1. The defendants object to the requests to the extent that they seek information that is subject to confidentiality agreement(s). 2. The defendants object to the requests as unduly burdensome to the extent that they seek documents already in the possession, custody or control of the plaintiff. 3. The defendants object to the requests to the extent that they are phrased in absolute terms. If the request asks for all document on a particular subject, the Defendants in responding to such requests, will undertake only to produce documents known to them at the time of the response or located after a reasonably diligent search appropriate to the needs of the case, and will [2980362/I] I 1 of 4 FILED: NEW YORK COUNTY CLERK 11/14/2023 04:31 PM INDEX NO. 150773/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 11/14/2023 not undertake any obligation, express or implied, to represent that the response includes all the documents that may exist. 4. The defendants object to each request to the extent that it is overly broad as to time or content, vague, ambiguous, unduly burdensome or oppressive and seeks information as not relevant to the subject matter of this action or is not reasonably calculated to lead to the discovery of admissible evidence. 5. The defendants object to each request to the extent that the information and /or documents sought are the subject to attorney/client privilege, any joint defense privilege, constitute work product, were prepared in anticipation of litigation or for trial, may disclose or reflect the mental impressions, conclusions, opinions, memoranda, notes, legal research or legal theories of attorneys or which otherwise privileged. 6. The defendants object to each request to the extent that it requests documents defendants' outside of the third-party possession, custody or control. 7. The defendants object to each request to the extent that it contains, express or implied assumptions of fact or law with respect to matters at issue in this case. 8. The defendants object to each request to the extent it seeks disclosure relating solely to legal conclusions. 9. The defendants object to each request to the extent that it seeks disclosure of documents concerning trade secrets, confidential business and other proprietary documents or infonnation. Such documents are not relevant to the subject matter of this action and are not reasonably calculated to lead to the discovery of admissible evidence. 10. These general objections are incorporated into each of the specific responses as if fully set forth in each response. The fact that the defendants have responded to a particular request shall not be interpreted to imply either that the responsive documents exist or that the third-party [2980362/l] 2 2 of 4 FILED: NEW YORK COUNTY CLERK 11/14/2023 04:31 PM INDEX NO. 150773/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 11/14/2023 defendant acknowledges the appropriateness of the request, including any implied assumptions therein. Nor shall the production of any document by third-party defendant in response to the request be construed as an admission of the relevance or admissibility of such document or of the propriety, if any, of the particular request, including any implied assumptions therein. defendants' 11. The responses are based upon information currently available. The defendants reserve the right to supplement, amend or correct all or any part of the objections and responses provided herein and to use subsequently discovered documents and documents which are known but whose relevance and responsiveness have not yet been determined. 12. The defendants reserve the right to object to the admissibility in evidence of all or any part of the responses and all or any of the documents produced by Defendants. 13. Subject to and without waiving of the foregoing objections, the defendants shall produce responsive and relevant document at a mutually convenient time and place. SPECIFIC RESPONSES 1. Witnesses: Sean Mescall, address unknown. 2. Adverse Party Statements: The answering defendants are unaware of any adverse party statements except those statements contained in the 50-h hearing transcript dated January 20, 2023, accident reports and/or statements contained within any of plaintiff's medical and/or treatment records. "A" 3. Accident Reports: Collectively attached as Exhibit are copies of (a) Skanska First Notice of Incident; (b) Sub-Contractor Safety Injury Report; (c) American Pile and Foundation First Report of Incident; (d) C-2F Employer's First Report of Work-Related Injury/Illness. 4. Photographs: See Photographs included in Sub-Contractor Safety Injury Report, attached as Exhibit "A". [2980362/I] 3 3 of 4 FILED: NEW YORK COUNTY CLERK 11/14/2023 04:31 PM INDEX NO. 150773/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 11/14/2023 5. Expert Witnesses: The defendants have not yet retained any expert witnesses but will disclose same in accordance with the CPLR, prior to the time of trial. "B" 6. Contracts: Attached as Exhibit is a copy of the NYCEDC-Skanska Contract No. 6991002 for the New York City Economic Development Corporation Public Health Lab Project dated January 2, 2019. 7. Insurance Coverage: Insurance coverage shall be provided under separate cover. PLEASE TAKE FURTHER NOTICE, that the Defendants expressly reserve their right to supplement or amend this response up to and including the time of trial. Dated: New York, New York November 14, 2023 Yours, etc. FABIANI COHEN & HALL, LLP Benjamin A. Shatzky Attorneys for Defendants CITY OF NEW YORK, NEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE, and SKANSKA USA BUILDINGS, INC. 570 Lexington Avenue, 4th Floor New York, New York 10022 (212) 644-4420 TO: LAW OFFICES OF MICHAEL S. LAMONSOFF, PLLC. Attorneys for Plaintiff ANTHONY CATALANO 32 Old - 8th Floor Slip New York, New York 10005 (212) 962-1020 [2980362/l] 4 4 of 4